The registry check that saves you money

The estudio registral (registry check) is simply going to the Registro Nacional and reading the property's official history: who owns it, how big it is, what debts are registered against it and which proceedings are touching it. The online lookup is free, it takes fifteen minutes, and it is what separates an informed bid from a gamble.

What you need to start

Only the property number (matrícula) and the province, both of which appear in the notice. For vehicles, the licence plate. With that you go to the Registro Nacional site and use the real estate or movable property lookup, as applicable.

What to look at, in order

1. That the property matches the notice

Exact match of number, province, area and registered use. It sounds obvious; transcription errors are real, and one wrong digit takes you to a different property.

2. Owner and shares

If the property has several derechos (001, 002…), there are several owners and the auction may only be selling one person's share. Buying a share means becoming a co-owner alongside strangers, not the owner of the house. It is a legitimate deal, just an entirely different one.

3. Liens

Mortgages, mortgage certificates, easements, reservations and restrictions (for example those attached to social-interest housing or the maritime zone). Watch the rank: the first-rank mortgage gets paid first, and it is usually the one being enforced.

4. Filings

These are live proceedings: claims, attachments, injunctions. They should include the filing for this very auction. If unrelated filings appear, tread carefully and consult a professional.

5. Cadastral survey

The survey number (plano catastrado) shows the real shape, location and dimensions of the land. This is where you discover that the “flat 300 m² lot” is actually a hillside or has no access to a public road.

Free of liens or subject to them: the key question

If the asset is sold in insolvency or bankruptcy proceedings, or through first-rank enforcement, the auction shall be ordered free of liens. If the sale is enforced by a lower-ranking creditor, it shall be ordered subject to prior liens that are unmatured or whose condition has not been met; but if the earlier claims are already due, it shall also be ordered free of liens, and the price shall be applied to paying the creditors in the order of their respective claims.

In plain words:

• The first-rank creditor is enforcing → the auction is ordered free of liens. On approval, the court orders the registrations cancelled.
• A lower-ranking creditor is enforcing and the earlier debts are not yet due → the asset is sold subject to those mortgages. If you win, someone else's debt stays attached to your property and becomes yours to handle.
• A lower-ranking creditor is enforcing but the earlier debts are already due → the auction is also ordered free of liens, and the price is shared among the creditors in rank order.

So what matters is not only the rank of whoever is enforcing, but what the court actually ordered. That is written in the notice: it is not something to guess at.

A quick check before moving on

• Does the property number match the notice?
• Is the whole property being sold, or only one share?
• How many liens are there, and what rank is the one being enforced?
• Is the auction free of liens or subject to them?
• Is there a cadastral survey, and does it match the notice?
• Are there odd filings unrelated to this proceeding?

If any answer leaves you unsure, that doubt is worth more than the bargain. Ask a lawyer or notary before you deposit.